## Facts

- A police officer found Steven R. Cox asleep or unconscious in the driver’s seat of a vehicle in a gas-station parking lot at about 10:20 p.m.
- Cox was the only person present; the keys were in the ignition, the engine was running, and the gearshift was in park.
- After Cox woke and lowered the window, the officer observed a strong odor of alcohol, bloodshot watery eyes, disorientation, and a glass of brown liquid between Cox’s legs.
- Cox turned off the ignition, exited the vehicle, and failed field sobriety tests; he was arrested for DWI.
- After receiving Miranda warnings, Cox answered “Yes” to a form question asking whether he was operating the vehicle.
- A breath test showed a BAC of .18%.
- The Director of Revenue administratively suspended Cox’s driving privileges under Mo. Rev. Stat. § 302.505 (Supp. 1997).
- In a trial de novo, the circuit court set aside the suspension, finding the officer lacked probable cause to believe Cox was “driving” or “operating” the vehicle.

## Issues

1. Whether a person found in the driver’s seat of a stationary vehicle with the engine running is “driving” or “operating” a motor vehicle under Mo. Rev. Stat. §§ 302.505 and 577.001.1.
2. Whether the officer had probable cause, for § 302.505 purposes, to arrest Cox for driving/operating while intoxicated.
3. Whether the Director proved the statutory elements for administrative suspension by a preponderance of the evidence.

## Decision

- The Missouri Supreme Court reversed the circuit court’s judgment and remanded.
- The court held Cox was “operating” the vehicle within § 577.001.1 because he caused the vehicle’s motor to function.
- The court concluded the officer had probable cause to believe Cox was driving/operating while intoxicated, and the Director satisfied § 302.505’s requirements.

## Legal Principles

- For § 302.505 administrative suspension, the Director must prove by a preponderance of the evidence that (1) the driver was arrested on probable cause to believe the driver was driving a motor vehicle, and (2) the driver’s BAC was at or above the statutory threshold.
- Under § 577.001.1, “driving” means “physically driving or operating a motor vehicle,” and “operating” includes causing the vehicle’s engine to run, even if the vehicle is not moving.
- The 1996 deletion of “being in actual physical control” from § 577.001.1 does not exclude stationary, engine-running scenarios from the meaning of “operating.”

## Conclusion

The court upheld an administrative license suspension where the driver was found alone behind the wheel of a stationary vehicle with the engine running and later tested above the legal BAC limit, because running the engine constitutes “operating” and supported probable cause under § 302.505.


Cox v. Dir. of Revenue, 98 S.W.3d 548 (Mo. banc 2003)